Ranbaxy (UK) Ltd v Astrazeneca AB
Claim 1, construed purposively in context, is directed to the use of magnesium esomeprazole with an optical purity of ≥ 99.8% e.e. for the manufacture of a medicament containing that active ingredient; Ranbaxy's product does not infringe as it does not contain magnesium esomeprazole at the specified purity.
- Parties
- Claimant: Ranbaxy (UK) Limited; Defendant: AstraZeneca AB
- Jurisdiction
- England and Wales
- Judgment Date
- 15 July 2011
- Procedural Posture
- Patent Infringement and Revocation / Judgment
- Outcome
- Declaration of non-infringement granted; counterclaim for infringement dismissed.
- Legal Topics
- Patent Interpretation, Swiss Form Claims, Second Medical Use, Patent Infringement, Patent Revocation
Case Brief
Summary, issues, holding and outcome
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Parties
Ranbaxy (UK) Limited
Claimant
AstraZeneca AB
Defendant
Procedural Posture
Patent Infringement and Revocation / Judgment
Legal Issues
- 1 Whether Ranbaxy's product infringes claim 1 of EP 1 020 461
- 2 Proper interpretation of Swiss form patent claims
- 3 Whether the medicament must contain magnesium esomeprazole of ≥ 99.8% e.e.
Ratio Decidendi
Claim 1, construed purposively in context, is directed to the use of magnesium esomeprazole with an optical purity of ≥ 99.8% e.e. for the manufacture of a medicament containing that active ingredient; Ranbaxy's product does not infringe as it does not contain magnesium esomeprazole at the specified purity.
Court Disposition
Declaration of non-infringement granted; counterclaim for infringement dismissed.
Orders
- Ranbaxy is entitled to a declaration of non-infringement.
- AstraZeneca's counterclaim for infringement fails.
Full Case Text
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